Research On Personal Information Protection In E-commerce Precision Marketing

In the era of big data,individual information is not only the information itself,but also a carrier of resources with potential and huge commercial value.There are some certain conflicts of interests in protecting the personal rights and interests of personal information and property,protecting the freedom of personal control over information,promoting information circulation,giving full play to the potential value of information resources,and promoting the development of big data industry.How to achieve the balance of protecting the legitimate interest not be violated and promoting the development of big data industry is the real problem that we should think about.With the development of e-commerce,precision marketing has become a way for e-commerce enterprises to capture users' personal Internet preference,conduct personalized recommendation services and quickly obtain commercial benefits.In fact,in the process of e-commerce precision marketing,the tracking,collection,analysis and utilization of users' personal information,accurate advertising and a series of behaviors involved exist the possibility of infringement of users' personal information's personality rights and property rights.However,in reality,because of the differences between e-commerce enterprises and users in terms of professional technology,resource advantages,litigation ability,etc.,e-commerce companies often use cookie and other hidden technologies to secretly track and collect users' personal information in the background,and force users to accept their privacy policies unilaterally released by bundling services,which leads to the tracking collection,utilization and secondary analysis of personal information of users under the condition of involuntary will.When e-commerce companies have much users'information,this information is not only used for direct business purposes,but also leaked to third-party entities that cooperate with them,and even packaged to third parties for illegal information transactions.Large scale disclosure of users'information is not only a violation of the rights and interests of users' personal information,but also a threat to the security of social information order.The paper starts form the source and takes Zhu Ye v.Baidu as an example to discuss the infringement of personal information in a series of links of tracking,collecting,analyzing and using personal information for precise advertising in e-commerce,make a legal analysis on the nature of personal information infringement and the main forms of personal information infringement,analyze the nature of personal information infringement and the main forms of personal information infringement and how to reduce the potential risk of the collection and use of personal information.From the legal point of view,we identify the nature of personal information tracked by cookie,and respectively demonstrate the personal rights and property rights of users violated by e-commerce in the process of precision marketing.From the legal point of view,analyze the ambiguity of the nature of cookie in the protection of personal information in e-commerce precision marketing,the difficulty of users' personal proof,and the particularity of information infringement on elements of tort liability.Finally,this paper analyzes how to identify personal information,how to apply the principle of informed consent in the collection and utilization of personal information,how to protect personal information in different levels,how to reduce the difficulty of user's personal proof and other practical problems,in order to help protect personal information.